The United States Bankruptcy Court authorized the debtor to bring this action, on behalf of the bankruptcy trustee, to recover damages for legal malpractice against the debtor's original attorneys. Initially, the debtor, and not the bankruptcy trustee, was named as a party-plaintiff. The Second Department held that the inadvertent designation was a mere mistake which could be corrected pursuant to CPLR 2001, in Silverman v. Flaum, which was decided on July 10, 2007.

The court found that defendants would not be prejudiced, and noted that the statute authorizes the court to correct a mistake, omission, defect, or irregularity at any stage of an action.